Text messaging is a method of communication that most people find to be quick and convenient.
Unfortunately, as many divorce attorneys can attest, most do not understand the depth of privacy concerns that texting leaves one susceptible to, especially when going through a divorce.
In Texas, text messages can be submitted as evidence in a divorce case, so this is something that should always be kept in mind.
Depending on the tone of the negotiations, divorce law firms advise that spouses could see their words being used against them and they are easier to access than many people think.
Text Messages Can Be Submitted As Evidence In Texas Divorce Cases
Whether they are intentionally or accidentally accessed, text messages can be used as evidence in a divorce as examples of cheating, bad-mouthing, and other things that could cause the court to look unfavorably at the spouse doing the talking.
Messages can be accessed by spouses and their divorce attorneys in various ways, from accidental messages being sent to the wrong phone number, message records from the phone company connecting certain phone numbers, and even by a subpoena if there is suspicion that a spouse is texting certain specific individuals.
Divorce law firms can also send discovery demands to view any text messages related to a case.
They can become damaging evidence against a spouse if uncovered, depending on the conversation being shared.
Text Messages Must First Be Authenticated
Fortunately, before a text message can be admitted as actual evidence, the court requires them to be authenticated to confirm that they are real.
Text manipulation is easy to do, as divorce lawyers sometimes see vengeful spouses doing in an attempt to get their way in a divorce case.
From fake identities to actual edited messages, divorce law firms must always take the required steps to confirm the authenticity and validity of any texts they wish to submit as evidence during a case.
Text messages must also be accessed legally for them to be permitted as evidence, so divorce lawyers must go about getting them in a proper legal fashion.
Think Twice Before You Text During A Divorce!
Divorce lawyers suggest that every person who uses text messaging for any reason at all understands the privacy threat they could potentially face and think twice about it.
Texting should always be limited to basic and benign communication, used only in non-conflict circumstances that cannot be used against a person in a legal case.
Though the ideal answer is not to do things that could make texting a liability, avoiding texting whenever possible will make it easier for spouses and their divorce attorneys to present their cases in divorce court.